As to the phone conversation, Jack yelled that he was going to kill Nancy while
they were talking on the phone. Nancy will likely not succeed on this claim of assault
because the conversation took place over the phone, and, thus, was not accompanied
with a threatening action (that Nancy could see, at any rate) that would cause Nancy to
believe that she was in danger or immediate bodily harm. Because she and Jack were
in separate houses during the phone call, Nancy would likely not be able to demonstrate
that she was in apprehension of immediate bodily harm. Thus, this cause of action for
assault would fail.
Nancy's cause of action for assault relating to the chainsaw incident is stronger,
although it is still likely to fail. After Nancy approached Jack outdoors, reminding him to
keep his children off her lawn, Jack raised a chainsaw and said "When the invasion
comes, I am going to use this baby to cut off your head!" Raising the chainsaw
definitely qualifies as an action that would accompany the threatening words to create
an apprehension of immediate bodily harm in Nancy. Additionally, the threat of cutting
off Nancy's head would cause apprehension. Jack will argue, however, that his words
negated the immediacy required for an assault cause of action, because he stated that
he would cut off Nancy's head "when the invasion comes." These words attached a
future time condition to the threat, thereby negating the immediacy. Nancy could argue,
on the other hand, that since the "invasion" was a delusion by Jack, the time frame
could be immediate, not future, as it is possible that, in Jack's mind, the invasion was
going to happen right away. If Nancy's point of view prevailed, Jack would be liable for
assault. However, since Jack was not screaming that the invasion had arrived, but
rather was speaking of the invasion as if it were a future event, a court will likely find
that his words negated immediacy, and despite the threatening action he is not liable for
assault.
Intentional Infliction of Emotional Distress
The next issue is whether Jack's threats to kill Nancy, and to cut her head off with
the chainsaw made to her face, make him liable for intentional infliction of emotional
distress, even where she does not appear to have suffered any distress.